IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9643 of 2010(E)
1. DR.JIKKU PHILLIP
... Petitioner
Vs
1. DIVISIONAL FOREST OFFICER AND ANOTHER
... Respondent
For Petitioner :SRI.A.S.RAJENDRAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/03/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.9643 OF 2010
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DATED THIS THE 23rd DAY OF MARCH, 2010
J U D G M E N T
The petitioner is the owner in possession of 2.4281 hectors
of land in Survey No.243 of Periyar Village. 21 trees of different
varieties were sought to be cut and removed by the petitioner for
which the petitioner filed an application for sanction under the
Kerala Promotion to Tree Growth in Non Forest Areas Act, 2005.
The petitioner waited for some days. On the presumption that
sanction has been ordered, the petitioner has already cut down
the trees. This has resulted in the Forest Department, registering
a crime as Crime No.4/2010 under Section 6(3) of the Kerala
Promotion of Tree Growth in Non Forest Act, 2005. Exhibit P4 is
the mahazar prepared in the said case. It is stated that the
report has been forwarded to the Chief Judicial Magistrate,
Peermade. Seeking release of the timber, the petitioner moved
an application before the learned Magistrate, which according to
the petitioner was not allowed. It is the case of the petitioner
that the same is not considered, in the light of Section 10 of the
W.P.(C)No.9643/10 -2-
Act, which confers a power on the Divisional Forest Officer to
release the same on execution of a bond for production of the
property so seized if and when so required. The petitioner is
relying upon the decision of this Court in Sukumaran v. State
of Kerala (2010(1) KLT 546), produced as Exhibit P6 herein.
Therein, this Court held that:
“18. S.11 provides that upon receipt of the report
under Cl.(a) of Sub-s.(3) of S.9, the Magistrate
shall take such measures as may be necessary,
for the trial of the accused and disposal of the
timber, tool, rope, chain or other article or any
boat; vehicle or animal seized along with it,
according to law. S.13 provides for the
cognizance of the offence. Under the Section, an
offence punishable under this Act shall be tried
before a court of Judicial Magistrate of the First
Class having jurisdiction. S.12 provides that no
prosecution shall be instituted against any person
without the sanction of the Divisional Forest
W.P.(C)No.9643/10 -3-
Officer. The Act does not provide for
confiscation”.
2. In the light of the above, there is a jurisdiction for the
Divisional Forest Officer to consider the application. There will be
a direction to the Divisional Forest Officer to consider Exhibit P5
and take a decision thereon within a period of 10 days from the
date or receipt of a copy of this judgment, in the light of the
power conferred under Section 10 of the Act.
The Writ Petition is disposed of as above.
T.R.RAMACHANDRAN NAIR,
JUDGE
dsn